Quck updates this morning on a couple of previous posts, both involving food.
First, I wrote here about the EEOC’s effort to obtain documents from Schwan’s in a sexual discrimination case. As expected, Judge Janie Mayeron ruled in favor of the EEOC and has ordered the frozen food company to produce the information sought by the [...]
Food-related updates
Employee Privacy Rights
This morning there are a couple of interesting privacy stories that serve as good reminders of best practices in this area. The first arises in connection with a union arbitration over discipline meted out to an employee of a municipal liquor store in Paynesville, Minnesota. As you know, these types of arbitrations usually depend largely [...]
Latest litigation tool: Facebook
Here is an interesting article from Law360 about how lawyers are using Facebook in a variety of different cases. Nothing earth-shatteringly new, but a good reminder for all involved about the implications of social media. In business litigation like non-compete cases, Linkedin may be an even better source of evidence.
Supreme Court to hear case on privacy rights of public employees
The Supreme Court will hear a case later this term which will help establish the contours of privacy in the workplace, although the focus will be on public employees, not private.
Sgt. Jeff Quon was a member of the Ontario, California police department. The department had a written policy reserving the right to monitor “network activity [...]
Ready for some privacy turducken?
The Supreme Court seems likely to accept a case involving background checks on employees who do contract work for the government, a legal hodgepodge which one judge has analogized to a turducken (a turkey stuffed with a duck and a chicken).
The case was brought by a group of scientists and engineers at the Jet Propulsion [...]
Employers: Take care with background checks
The EEOC has sued a nationwide convention company alleging a pattern or practice of unlawful discrimination because the company has rejected job applicants based on their credit history, or if they have had one or more of various types of criminal charges or convictions. The EEOC alleges that this practice has had an unlawful discriminatory [...]
Privacy 101
Two interesting stories on privacy issues this morning.
First, Acorn is having even more problems because a republican activist did a little dumpster diving behind its offices in San Diego and came out with a bunch of documents containing social security and driver’s license numbers of its members and job applicants. Ouch!
Second, Sen. Patrick Leahy is [...]
Immigration is expanding its audit program for illegal workers
Immigration and Customs Enforcement (ICE) announced yesterday that it is expanding a program for auditing companies’ hiring practices, and that it notified 1,000 companies this week that they would have to undergo such a review.
It appears that the audits will primarily affect private companies with some connection to public safety and national security, such as [...]
GINA is coming this Saturday (no, not Geena Davis)
The new federal Genetic Information Nondiscrimination Act (GINA) takes effect for employers with over 15 employees this Saturday, November 21, 2009. Some are calling this the “most important new anti-discrimination law in two decades.”
The new law prohibits employers from requesting or considering genetic testing or genetic background information in hiring, firing or promotions. More specifically, [...]
Did UnitedHealth Group cross a line by asking its employees to lobby against health care reform?
Minneapolis-based UnitedHealth Group is taking some heat for providing form letters to its 75,000 U.S. employees opposing aspects of the health care reform bill working its way through Congress. The company also urged employees to write letters to local newspapers and then share those letters with the company’s lobbying arm.
One of the form letters provided by UHG makes [...]


